The voice of the electorate

Voice Of The Electorate Terms of Service

Updated February 27, 2017

This is a contract between you and the folks at The Hobby (who created Voice of the Electorate - “V.O.T.E.”) when you use VoiceOfTheElectorate.net (the “Site”) and the services and products found there (“Services”).

This is a binding agreement

By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by V.O.T.E., acceptance is expressly limited to these terms.

Who can use our Services

V.O.T.E. is only for human adults and teenagers above the age of 13 years old.

We can change our Services

We may change any aspect of the service we want, or even stop it, at any time without giving you notice. We can also terminate or restrict access to it at any time, at our sole discretion. Termination of your access and use of V.O.T.E. Services shall not relieve you of any obligations arising or accruing before the termination.

If you engage with the V.O.T.E. site

Your responses to poll questions are owned by us and we will use them in the aggregate to provide daily and other reports. All responses are anonymous.

By using V.O.T.E., you promise not to do any of the following things:

  • Post content without permission from the owner
  • Post content that is pornographic, contains threats, incites violence, or violates the rights of any third party
  • Break or circumvent any technologies we have put in place for security or authentication
  • Attempt to access V.O.T.E. Services by means other than currently available
  • Scrape V.O.T.E. Services or Content
  • Violate the intellectual property or personal privacy rights of others, causing harm to others, or violating any criminal laws where V.O.T.E. has a physical location.

Privacy

When you use V.O.T.E. Services, you consent to the collection and use of information as detailed in our Privacy Policy. If you’re outside the United States, you consent to the transfer, storage, and processing of your information - including but not limited to the content you posted or transferred to the site and any personal information - to and within the United States and other countries.

Termination of Services

V.O.T.E. has the right to limit, suspend, or stop providing the Services to you if you fail to comply with these Terms.

Copyright Infringement and DMCA Policy

As V.O.T.E. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. V.O.T.E. deals with copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe that material located on or linked to by V.O.T.E. violates your copyright, you are encouraged to notify V.O.T.E. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. V.O.T.E. will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of V.O.T.E. or others. In the case of such termination, V.O.T.E. will have no obligation to provide a refund of any amounts previously paid to V.O.T.E..

The contact information for V.O.T.E.’s designated agent for receipt of notices of claimed infringement is here:
The Hobby
135 Commonwealth Drive, Menlo Park, CA 94025
Email: info@voiceoftheelectorate.net

Intellectual Property

You retain ownership of all copyrights and any other intellectual property rights in your Content. V.O.T.E. (and/or other third parties) retains ownership of intellectual property rights in all content and material other than user Content.

By submitting your Content to V.O.T.E., you give V.O.T.E. a non-exclusive worldwide, royalty-free, sublicensable, transferable license to utilize all copyright rights now in existence or that may arise in the future with respect to your Content, in any medium that now exists or may arise in the future, as well as to do anything else that is reasonably appropriate to our Services and its use of your Content (including, but not limited to, use of your name in association with your Content to identify you as the contributor). The license has no restriction as to the medium, dissemination method, type of Service we may offer, or the type of systems or products that may be used in conjunction with your Content.

This license shall remain in effect for so long as your Content is available on V.O.T.E. You are free to remove or delete your Content at any time, in which case this license shall terminate after a commercially reasonable period of time, except for comments, the license to which is perpetual and irrevocable. You understand and agree, however, that even if you delete Content, V.O.T.E. may retain, but not display or distribute, server copies of your Content.

You represent that you have all of the necessary rights to grant this license to V.O.T.E. for all Content you submit.

V.O.T.E. grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in accordance with the Terms of, V.O.T.E. Services.

Disclaimer of Warranties.

The Site is provided “as is”. V.O.T.E. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither V.O.T.E. nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.

Limitation of Liability

In no event will V.O.T.E., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to V.O.T.E. under this agreement during the twelve (12) month period prior to the cause of action. V.O.T.E. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Site will be in strict accordance with the V.O.T.E. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless V.O.T.E., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between V.O.T.E. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of V.O.T.E., or by the posting by V.O.T.E. of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara Country, California

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Clara County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; V.O.T.E. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.